The Inter-American Rule of Law in South American constitutionalism

Carolina Cyrillo*, Édgar Hernán Fuentes-Contreras*, Siddharta Legale*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review


The objective of this text is to present the modification of the conception of Rule of Law in the South America constitutionalism, from the dialogue and synergy between the Inter-American System of Human Rights and the new constitutions that emerged after dictatorships, authoritarian regimes, and internal wars, taking Operation Condor as a clandestine inter-American system or as un-conventional status quo. We problematize how it is possible to speak of “Inter-A-merican Rule of Law”, which means the reconstruction of that State compatible with the ACHR in the Legislative, Executive and Judiciary spheres, as well the conventionality control and the standards emanating from the IACourtHR to laws, public policies, and national court decisions. Therefore, we defend the thesis that this dialogue can be the key to access the engine room of the constitutions, with the pro persona principle. The methodology used was a theoretical and normative approach, from a hypothetical deductive perspective and prioritizing as sources the bibliography and the caselaw of the IACourtHR.

Original languageEnglish
Pages (from-to)1-27
Number of pages27
Issue number88
StatePublished - 8 Dec 2021

Bibliographical note

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  • Constitutional Law
  • Conventionality Control
  • Inter-American Rule of Law
  • South America


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